Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 237th session of the Council of the International Civil Aviation Organization (ICAO) as regards the envisaged amendment to Annex 13 - Aircraft Accident and Incident Investigation
Date: 2026-01-30
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Civil Aviation Organisation, air safety, air traffic, civil aviation, exchange of information, international convention, international standard, revision of an agreement, technical specification, transport accident

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   EUROPEAN COMMISSION  Brussels, 30.1.2026  COM(2026) 49 final 2026/0028 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the 237th session of the Council of the International Civil Aviation Organization (ICAO) as regards the envisaged amendment to Annex 13 - Aircraft Accident and Incident Investigation  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns: 
(i)  the  position to  be  taken  on  the  Union’s  behalf  in  the  237th  session  of the  Council  of  the 
International Civil Aviation Organization (ICAO) for the envisaged Amendment 20 to Annex 
13 – Aircraft Accident and Incident Investigation. 

(ii) the position to be taken on the Union’s behalf after the ICAO announces the  adoption of 
the  Amendment  20  to  Annex  13  –  Aircraft  Accident  and  Incident  Investigation  of  the 
Convention on International Civil Aviation in respective State Letters, inviting its Contracting 
States to notify any differences or compliance with the adopted measures. 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on International Civil Aviation 

The Convention on International Civil Aviation (‘the Chicago Convention’) aims to  regulate 
international  air  transport.  The  Chicago  Convention  entered  into  force  on  4  April  1947  and 
established the International Civil Aviation Organization. 

All EU Member States are Contracting States to the Chicago Convention. 

2.2. 

The International Civil Aviation Organization 

The International Civil Aviation Organization is a specialized agency of the United Nations. 
The aims and objectives of the Organization are to develop the principles and techniques of 
international  air  navigation  and  to  foster  the  planning  and  development  of  international  air 
transport.  

The ICAO Council is a permanent body of ICAO with a membership of 36 Contracting States 
elected by the ICAO Assembly for a period of three years. For the period of 2025-2028, there 
are six EU Member States represented in the ICAO Council. 

Mandatory  functions  of  the  ICAO  Council,  listed  in  Article  54  of  the  Chicago  Convention, 
include  the  adoption  of  international  standards  and  recommended  practices  (SARPs), 
designated as Annexes to the Chicago Convention. 

Pursuant to Article 90 of the Chicago Convention, any such Annex or any amendment of an 
Annex  shall  become  effective  within  three  months  after  its  submission  to  the  ICAO 
Contracting  States,  or  at  the  end  of  such  longer  period  of  time  as  the  ICAO  Council  may 
prescribe,  unless  in  the  meantime  a  majority  of  Contracting  ICAO  States  register  their 
disapproval. 

Following  the  adoption  of  such  measures,  ICAO  Contracting  States  are  required  to  comply 
with  those  measures  or  to  notify  either  their  disapproval  or  any  differences  with  these 
measures before they enter into force and become legally binding. 

Pursuant to Article 38 of the Chicago Convention, any State which finds it impracticable to 
comply in all respects with any such international standard or procedure, or to bring its own 
regulations  or  practices  into  full  accord  with  respect  to  any  such  international  standard  or 
procedures  or  which  deems  it  necessary  to  adopt  regulations  or  practices  differing  in  any 
particular  respect  from  those  established  by  an  international  standard,  shall  give  immediate 
notification to the ICAO of the differences between its own practice and that established by 
the international standard.  

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2.3. 
The envisaged act of ICAO and its relationship with the existing Union rules 
During its 237th or any consequent session, the ICAO Council is expected to consider and 

adopt: 

– 

– 

– 

Amendment  20  to  Annex  13  –  Aircraft  Accident  and  Incident  Investigation  as 
referred to in the State Letter AN 6/1.2.2, AN 11/1.1.36-25/43, and State Letter AN 
8/3-23/18,  is  arising  from  deliberations  at,  respectively,  the  seventh  and  eighth 
meetings  of  the  Accident  Investigation  Panel  (AIGP/7  and  AIGP/8)  and  the  third 
meeting of the Safety Information Protection Implementation Group (SIP-IG/3), and 
from deliberations at the fifth meeting of the Safety Management Panel (SMP/5), the ninth 
meeting of the Remotely Piloted Aircraft Systems Panel (RPASP/9) and the fifth meeting of 
the Aerodrome Design and Operations Panel Working Group (ADOP/WG/5). 

relates 

including  unlawful 

to  aircraft  accident  provisions 

It 
interference, 
investigations in conflict-of-interest scenarios (aircraft downing), evidential material, 
and accident/incident data reporting (ADREP) requirements. References to Annex 13 
appear  in  the  proposed  amendments  to  Annex  6  related  to  the  protection  of  flight 
data  recordings,  with  no  impact  on  Annex  13.  Finally,  it  includes  a  consequential 
update of Annex 19 as regards  the definition of State Safety Programme (SSP) and 
to a Note related to the Safety Data Collection and Processing System (SDCPS). 

The above Amendment has a potential to influence the EU law as explained more in 
details below.  

The envisaged Amendment covers the following areas: 

– 

– 

– 

– 

In  relation  to  the  update  on  unlawful  interference  and  investigations  in  conflict-of-
interest  scenarios,  the  proposed  amendment  seeks  to  clarify  and  enhance  the 
responsibilities  of  the  State  of  Occurrence  in  aircraft  accident  investigations, 
particularly  concerning  instances  of  unlawful  interference.  When  such  interference 
leads to accidents, some States have terminated safety investigations without issuing 
a  Final  Report,  which  undermines  the  objectives  of  identifying  lessons  to  improve 
aviation  safety. The  amendment includes a Note  to  clarify this  obligation, ensuring 
that safety investigations are completed irrespective of the involvement of unlawful 
acts.  

Additionally, the Amendment addresses potential conflicts of interest that may arise 
when the State of Occurrence is linked to an act of unlawful interference, which may 
lead  to  questioning  regarding  the  impartiality  of  investigations.  To  safeguard 
transparency,  independence,  credibility  and  objectivity,  the  State  of  Occurrence  is 
encouraged  to  voluntarily  delegate  investigations  to  third-party  States  or  regional 
organisations,  or  to  involve  ICAO  as  observers.  This  proposal  is  documented  as 
guidance in Attachment G to Annex 13, aiming to improve investigation credibility 
where conflicts of interest might occur. 

With  regard  to  the  change  of  the  evidential  material,  it  is  proposed  to  remove  the 
word  ‘available’  from  the  existing  text,  as  it  has  represented  a  step  backwards  for 
access to evidential material during investigations by accident/incident investigators. 
It introduces a limitation or a condition and could be misinterpreted when it comes to 
sharing sensitive data with accident/incident investigators.  

Regarding the removal of the preliminary Accident/incident Data REPorting system  
(‘ADREP’) report, the aim is to simplify States’ requirements for reporting accidents 
and incidents to ICAO as part of the ADREP system. Additionally, it is proposed to 

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– 

lower the maximum mass figure requirement for submitting Final Reports to ICAO 
from  5  700  kg  to  2  250  kg  to  align  with  the  ADREP  reporting  requirements  and 
accident/incident notification. 

Finally, with regard to the update of the term “State Safety Programme (SSP),” this 
implies that its definition in Annex 13 must be changed to reflect the new definition. 
The  proposal  also  modifies  the  content  of  the  Note  to  Section  8.1  of  Annex  13  by 
introducing  the  term  “Safety  Data  Collection  and  Processing  System  (SDCPS)”.  In 
both  cases,  the  proposal  seeks  to  ensure  the  consistency  of  Annex  13  with  other 
ICAO Annexes.  

The  Amendment,  if  adopted,  is  envisaged  to  become  applicable  from  23  November  2028, 
except  for  provisions  related  to  the  definitions  of  State  Safety  Programme  (SSP)  and  to  the 
Note about the Safety Data Collection and Processing System (SDCPS), which are envisaged 
for applicability on 26 November 2026.  

While  some  of  the  proposed  amendments  correspond  to  parts  of  ICAO  Annex  13  that  have 
not  been  introduced  in  Regulation  (EU)  996/20101,  the  rest  are  already  embedded  in 
Regulation  (EU) 996/2010  and if adopted  as proposed,  changes  to  the Union  law  stemming 
from  the  Amendment  are  unlikely.  Nonetheless,  a  thorough  assessment,  including  an 
assessment  of  a  need  to  notify  differences,  will  have  to  be  done  once  the  Amendment  is 
adopted.  

The  above  assessment  has  been  prepared  on  the  basis  of  a  contribution  received  from  the 
European  Network  of  Civil  Aviation  Safety  Investigation  Authorities  (ENCASIA).  The 
Network  is  set  up  by  Article  7(1)  of  Regulation  (EU)  996/2010  and  it  is  composed  of  the 
heads of the Safety Investigation Authorities in each of the Member States and/or, in the case 
of a multimodal authority, the head of its aviation branch, or their representatives. ENCASIA 
has  the  duty,  among  others,  to  prepare  suggestions,  and  to  advise,  Union  institutions  on  all 
aspects  of  development  and  implementation  of  Union  policies  and  rules  relating  to  safety 
investigations and the prevention of accidents and incidents.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1. 

Proposed Amendment and its relationship with the existing Union rules 

Amendment 20 to Annex 13  

The proposed Amendment as referred to in the State Letter AN 6/1.2.2, AN 11/1.1.36-25/43 
and State Letter AN 8/3-23/18 cover the provisions of Regulation (EU) 996/2010.  

The  subject  matter  of  the  envisioned  amendments  fall  under  exclusive  Union  competence 
pursuant to the last limb of Article 3(2) TFEU. 

The  proposed  Amendment  would  contribute  to  the  improvement  of  aviation  safety  by 
ensuring  a  high  level  of  efficiency,  expediency,  and  quality  of  civil  aviation  safety 
investigations, the sole objective of which is the prevention of future accidents and incidents 
without  apportioning  blame  or  liability.  The  Union  acknowledges  the  need  for  improved 
accident  and  incident  investigations  including  clarification  and  enhancing  responsibilities  of 
the State of Occurrence in aircraft accident investigations, particularly concerning instances of 
unlawful  interference,  clarification  of  evidential  material,  simplifications  of  reporting  to 

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Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on 
the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation  and  repealing  Directive 
94/56/EC, OJ L 295, 12.11.2010, p. 35, ELI: http://data.europa.eu/eli/reg/2010/996/oj 

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ADREP, lowering the mass threshold for submission of final accident reports to ICAO, and a 
new  definition  of  State  Safety  Programme  by  introducing  changes  to  Annex  13  –  Aircraft 
Accident and Incident Investigation.  

The proposed amendments aim to address several distinct objectives: They seek to clarify the 
responsibility of States to complete safety investigations and publish Final Reports even when 
unlawful  interference  is  involved,  thereby  enhancing  aviation  safety  by  preventing 
investigations  from  being  prematurely  terminated.  They  also  tackle  potential  conflicts  of 
interest  by  suggesting  that  States  delegate  investigations  to  third-party  entities  to  ensure 
impartiality  and  transparency.  Furthermore,  it  seeks  to  improve  investigators'  access  to 
necessary  data  without  limitations.  Removal  of  the  ADREP  preliminary  report    and  lower 
maximun mass thresholds for reporting to ICAO aim to simplify procedures and ensure more 
comprehensive data collection. Lastly, updates to terminology like "State Safety Programme" 
and  the  introduction  of  "Safety  Data  Collection  and  Processing  System"  strive  to  maintain 
consistency across ICAO Annexes. 

The  current  EU  legislative  framework,  namely  Regulation  (EU)  No  996/2010,  notes  that 
particular  account  should  be  taken  of  Annex  13  to  the  Chicago  Convention  and  of  its 
subsequent amendments, which lay down international standards and recommended practices 
for  aircraft  accident  and  incident  investigation.  There  is  no  perceived  need  to  amend 
Regulation (EU) No 996/2010 or to adopt a new legislative act.  

The representatives of EU Member States and the European Union Aviation  Safety  Agency 
(EASA)  as  members  and  observers  of  the  ENCASIA  WG  7  in  charge  of  coordinating  the 
views of the Safety Investigation Authorities (SIA) as regards as ICAO State Letters related to 
safety  investigations,  contributed  to  the  development  of  the  proposal  related  to  the 
Amendment 20. 

The proposed position to be taken on behalf of the Union is then to support this Amendment. 

Hence,  the  position  to  be  taken  on  the  Union’s  behalf,  provided  the  ICAO  Council  adopts 
without any substantial change the proposed Amendment 20 to Annex 13 – Aircraft Accident 
and  Incident  Investigation,  should  be  to  not  notify  any  disapproval,  but  to  comply  with  the 
adopted  measures  in  reply  to  the  respective  ICAO  State  Letter.  Where  Union  legislation 
would deviate from the newly adopted ICAO Standards after an envisaged date of application 
of  those  Standards,  the  Union  position  on  the  differences  with  those  particular  Standards 
should  be  notified  to  ICAO  by  Member  States,  on  the  basis  of  preparatory  document 
submitted  in  due  time  by  the  Commission  to the Council  for  discussion  and  approval,  and 
setting out the detailed differences for the time necessary to complete the implementation.  

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

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Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement2. 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’3. As explained above, 
the substance matter of the proposed Amendment falls to an area in which there is Union law 
(i.e. Regulation (EU) No 996/2010). 

4.1.2.  Application to the present case 

The ICAO Council is a body set up by an agreement, namely the Convention on International 
Civil Aviation (‘Chicago Convention’). 

In  accordance  with  Article  54  of  the  Chicago  Convention,  the  ICAO  Council  adopts 
international  Standards  and  Recommended  Practices,  designated  as  Annexes  to  the  Chicago 
Convention.  These  are  acts  having  legal  effects.  Indeed,  once  adopted  and  effective, 
Standards  and  Recommended  Practices  adopted  by  ICAO  are  binding  on  all  ICAO 
Contracting States pursuant to Article 90(a) of the Chicago Convention, which provides that: 
“The adoption by the Council of the Annexes described in Article 54, subparagraph I), shall 
require the vote of  two-thirds of  the Council at  a meeting called for  that purpose and shall 
then  be  submitted  by  the  Council  to  each  contracting  State.  Any  such  Annex  or  any 
amendment of an Annex shall become effective within three months after its submission to the 
contracting States or at the end of such longer period of time as the Council may prescribe, 
unless in the meantime a majority of the contracting States register their disapproval with the 
Council”.  As  explained  above,  the  envisioned  Amendment  to  Annex  13  is  capable  of 
decisively influencing the content of Union legislation. Namely, the Amendment would bring 
need to adapt the current working procedures of the safety investigation authorities regulated 
by Regulation (EU) No 996/2010.  

The envisaged acts do not supplement or amend the institutional framework of the agreement. 

Therefore,  the  procedural  legal  basis  for  the  proposed  Decision  position  in  respect  of  such 
notifications is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The main objective and content of the adopted act relate to the common transport policy. 

Therefore, the substantive legal basis of the proposed decision is Article 100(2) TFEU. 

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Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  
Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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4.3. 

Conclusion 

The legal basis of the proposed Council Decision is Article 100(2) TFEU, in conjunction with 
Article 218(9) TFEU. 

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2026/0028 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the 237th session of the 
Council of the International Civil Aviation Organization (ICAO) as regards the 
envisaged amendment to Annex 13 - Aircraft Accident and Incident Investigation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The  Convention  on  International  Civil  Aviation  (‘the  Chicago  Convention’)  which 
regulates international air transport, entered into force on 4 April 1947. It established 
the International Civil Aviation Organization (ICAO). 

The Member States are Contracting States to the Chicago Convention and members of 
the ICAO, while the Union has observer status in certain ICAO bodies. There are six 
Member States represented in the ICAO Council. 

Pursuant  to  Article  54  of  the  Chicago  Convention,  the  ICAO  Council  may  adopt 
international Standards and Recommended Practices (‘SARPs’), and designate them as 
Annexes to the Chicago Convention. 
The  ICAO  Council,  at  its  237th  session,  is  to  adopt  amendment  20  to  Annex  13  – 
Aircraft Accident and Incident Investigation to the Chicago Convention.  

The main purpose of the Amendment 20 to Annex 13 - Aircraft Accident and Incident 
Investigation to the Chicago Convention is to to improve aviation safety by ensuring a 
high level of efficiency, expediency, and quality of civil aviation safety investigations.  

The proposed changes aim to reach these objectives by clarifying the responsibility of 
States  to  complete  safety  investigations  and  publish  Final  Reports,  even  in  cases  of 
unlawful  interference,  thereby  preventing  premature  termination  of  investigations. 
They  address  potential  conflicts  of  interest  by  suggesting  that  investigations  be 
delegated  to  third-party  entities  for  greater  impartiality  and  transparency.  The 
amendments also improve investigators' access to data by removing limitations. Also, 
they simplify procedures for submitting reports to ICAO by removing the requirement 
for a preliminary ‘ADREP’ report, and lowering aircraft maximum mass thresholds for 
submitting  Final  Reports  to  ICAO.  Finally,  it  updates  terminologies  to  ensure 
consistency across ICAO Annexes. 

(7)  

The European Network of Civil Aviation Safety Investigation Authorities (ENCASIA) 
set  up  by  Article  7  of  Regulation  (EU)  No  996/20104,  which  has  a  duty  to  advise 

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Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on 
the  investigation  and  prevention  of  accidents  and  incidents  in  civil  aviation  and  repealing  Directive 
94/56/EC, OJ L 295, 12.11.2010, p. 35, ELI: http://data.europa.eu/eli/reg/2010/996/oj 

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Union institutions on all aspects of development and implementation of Union policies 
and  rules  relating  to  safety  investigations  and  the  prevention  of  accidents  and 
incidents,  has  contributed  to  the  development  of  the  proposal  related  to  the 
Amendment 20. 

(8) 

(9) 

It is appropriate to establish the position to be taken on the Union's behalf within the 
ICAO  Council  as  the  Amendment  20  to  Annex  13  –  Aircraft  Accident  and  Incident 
Investigation  to  the  Chicago  Convention  will  be  binding  under  international  law  in 
accordance with Article 90(a) of the Chicago Convention and is capable of decisively 
influence EU law, in particular Regulation (EU) 996/2010.  
The Union's position during the 237th session of the ICAO Council or any consequent 
session  with  regard  to  the  adoption  of  the  envisaged  Amendment  20  to  Annex  13  - 
Aircraft Accident and Incident Investigation to  the Chicago Convention should be to 
support these amendments and comply with these amendments in their entirety.  

(10)  Pursuant  to  Article  38  of  the  Chicago  Convention,  any  State  which  finds  it 
impracticable  to  comply  in  all  respects  with  any  such  international  standard  or 
procedure, or to bring its own regulations or practices into full accord with any such 
international standard or procedures or which deems it necessary to adopt regulations 
or  practices  differing  in  any  particular  respect  from  those  established  by  an 
international  standard,  should  give  immediate  notification  to  the  ICAO  of  the 
differences between its own practice and that established by the international standard. 

(11)  Pursuant to Article 90 of the Chicago Convention, any such Annex or any amendment 
of  an  Annex  shall  become  effective  within  three  months  after  its  submission  to  the 
ICAO  Contracting  States,  or  at  the  end  of  such  longer  period  of  time  as  the  ICAO 
Council may prescribe, unless in the meantime a majority of Contracting ICAO States 
register their disapproval. 

(12)  The  Union’s  position  after  the  adoption  of  Amendment  20  to  Annex  13  -  Aircraft 
Accident and Incident Investigation to the Chicago Convention by the ICAO Council, 
to be announced by the ICAO Secretary General via an ICAO State Letter procedure, 
should be to not register any disapproval and to comply with the amendments. Where 
Union  legislation  would  deviate  from  the  newly  adopted  SARPs  after  an  envisaged 
date of application of those SARPs, a difference with those particular SARPs should 
be  notified  to  ICAO.  The  Union  position  with  respect  of  such  difference  should  be 
based  on  a  written  document  submitted  by  the  Commission  to  the  Council  for 
discussion and approval.  

HAS ADOPTED THIS DECISION: 

Article 1 

(1) 

(2) 

The  position  to  be  taken  on  the  Union's  behalf  in  the  237th  session  of  the  ICAO 
Council,  or  in  one  of  the  consequent  sessions,  shall  be  to  support  the  proposed 
amendment  to  Annex  13  –  Aircraft  Accident  and  Incident  Investigation  to  the 
Chicago Convention in its entirety. 

The position to be taken on the Union’s behalf, provided the ICAO Council adopts 
without  any  substantial  change  the  proposed  amendment  to  Annex  13  –  Aircraft 
Accident  and  Incident  Investigation  to  the  Chicago  Convention  referred  to  in 
paragraph 1, shall be to  not  register any disapproval  and to  notify compliance with 

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the  adopted  measure  in  reply  to  the  respective  ICAO  State  Letter.  Where  Union 
legislation  would  deviate  from  the  newly  adopted  international  standards    after  the 
envisaged  date  of  application  of  those  standards,  a  difference  with  those  particular 
internatioal 
in  accordance  with 
standards 
Article 38 of the Chicago Convention. 

shall  be  notified 

ICAO, 

to 

In the event that Union legislation differs from the standards contained in the Annex 
13  to  the  Chicago  Convention,  the  Commission  shall,  in  due  time  and  at  least  two 
months  before  any  deadline  set  by the ICAO  for the notification of differences, 
submit  to the Council,  for  discussion  and  approval,  a  preparatory  document  setting 
out the Union  position  on  the  detailed  differences  to  be  notified  to the ICAO 
on the Union’s behalf by the Member States.  

Article 2 

The position referred to in Article 1(1) shall be expressed by the Member States of the Union 
that are members of the ICAO Council, acting jointly in the interest of the Union. 

The  position  referred  to  in  Article  1(2)  shall  be  expressed  by  all  the  Member  States  of  the 
Union, acting jointly in the interest of the Union. 

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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